Q: Adverse Possession and Ownership of RE
A friend is in probate after the death of their father. Friend is the only child of father. One property, the one they currently live in, (and lived in prior to fathers death) has not just their father on the deed but both their father and uncle. The uncle is mentally ill and currently lives on the street, and is difficult to locate. My friend paid the back taxes (about 4 years), paid to clean up Uncles hoarding in the other unit and has been maintaining the property (bills, lawn ect). The uncle is not in a position to care for himself let alone conduct business on behalf of the property. Is there a way that my friend can be added to the deed to facilitate property improvements and have legal right to own/manage? Could adverse possession be an option? They do not want to take property from the Uncle but also does not want the family to loose the property. Uncle has no kids/dependents.
A: adverse possession is not appropriate given the facts stated. your friend is likely looking at a partition action (assuming they have rights tot he estate under probate or through a trust) and they will likely need to place funds into a trust for uncle for when he does surface
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